A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On December 14, 2006, the defendant was sentenced to a suspended sentence of 2 years for a crime of violation of the Road Traffic Act at the Gwangju District Court, etc. on December 14, 2006, and was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act at the same court on December 13, 2007, and the same court on November 23, 2017, and was sentenced to a suspended sentence of 2 years for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On February 25, 2019, at around 17:15, the Defendant driven a CPoter Ⅱ while under the influence of alcohol content of 0.209% 0.209%, without a driver’s license, at a section of approximately 9.6 km from the front of the B apartment commercial building in Naju City to the front of the bus terminal in 142 in the dong-ro, the third dong-ro.

As a result, the defendant, who has been punished not less than twice due to drinking driving, once again drives a motor vehicle while under the influence of alcohol, and simultaneously drives a motor vehicle without a license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses, and car4;

1. Previous convictions in judgment: Inquiry reports, each investigation report, and application of each statute of the judgment;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. As stated in the reasoning of the judgment on the reason of sentencing the alternative sentence of imprisonment, the Defendant has a history of having been punished several times for drunk driving, which includes not only the history of having been sentenced to imprisonment or having been sentenced to a suspended sentence of imprisonment, but also driving without a license even though it is still under the suspended sentence due to drunk driving.